Appendix A: OCR Response to Veir Inquiry Re Various Matters 20 IDELR 864
Carole Veir, Ed.D. TACHO President
Texas Association of Section 504 Coordinators & Hearing Officers P.O. Box 1826 Wimbereley, TX 78676 Digest of Inquiry [Date Not Provided]
• May a medical statement from a student suspected of being disabled be required when the district is unable to identify a specific medical or physical impairment that substantially limits a major life activity? • Must a district provide special types of food when a student is determined to need dietary modifications at school? • Are districts responsible for providing services to private school students with disabilities? Must districts conduct child find activities at private schools? • Do students who are referred for special education eligibility but who do not meet IDEA criteria, automatically become eligible under Section 504? • Can a student who is identified as eligible under both the IDEA and Section 504 receive certain IDEA services while still being provided Section 504 services within the regular classroom, or should such a student receive all services for his/her disability pursuant to the IDEA? • Do districts have the right to take parents to due process hearings under Section 504? • If a student is identified as in need of modifications or services under Section 504, but the parent chooses to provide the student with home schooling, does the district continue to be responsible for providing services to the student within the home environment? • What is the difference between the terms “related aids and services” and “supplemental aids and services” under the Section 504 regulations? What is the difference between the phrases “regular or special education and related aids and services” and “special education or related services…in a regular or special education program” under the Section 504 regulations? • If a student with a disability, who is eligible under Section 504, is constantly disruptive on the school bus, may the district revoke the student’s bus privileges, even if the student requires transportation to get to school?
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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